§ 20-10-104 - Photographing prohibited -- Exceptions. - Arkansas Statutes

20-10-104. Photographing prohibited -- Exceptions.

(a) Except as provided in subsection (d) or subsection (e) of this section, no resident of a long-term care facility in this state may be photographed without obtaining prior written consent from the resident or, in cases of incapacity, from the resident's guardian or legal representative.

(b) Consent shall be obtained for each date that photographs are to be taken.

(c) Failure to obtain consent prior to photographing a resident in a long-term care facility shall be a Class B misdemeanor.

(d) Nothing in this section shall be construed to prevent a person licensed under the Arkansas Medical Practices Act, 17-95-201 et seq., 17-95-301 et seq., and 17-95-401 et seq., from photographing a patient for purposes of medical treatment.

(e) (1) The photographing of residents is prohibited without written consent from the resident or the resident's legal representative except:

(A) In the course of:

(i) Licensure inspections;

(ii) Medicaid certification;

(iii) A complaint investigation; or

(iv) An investigation of allegations of abuse or neglect of residents or misappropriation of residents' property; or

(B) In connection with surveys or investigations made pursuant to law conducted by the:

(i) Office of Long-Term Care;

(ii) Office of the Attorney General; or

(iii) United States Department of Health and Human Services.

(2) Under those circumstances, the photographs shall be used only for evidentiary purposes concerning the alleged violations and shall not be released to the media or to the public but shall be made available to the facility if utilized to impose a remedy or to set forth a statement of deficiency.